Chapter 4501:1-6 Registrars and Deputy Registrars

(A)
The registrar of motor vehicles, with the approval of the director of public
safety, shall prescribe the terms and conditions for contracts between the
registrar and the deputy registrars. The contract shall require the deputy
registrar to comply with all applicable requirements of the Revised Code, the
Administrative Code, and the contract. The contract may, at the registrar's
discretion, incorporate by reference the terms of the request for proposals and
the proposal.

(B)
Each deputy
registrar shall give and maintain during the period of the contract a bond in
the amount of at least twenty-five thousand dollars, or in such higher amount
as the registrar determines necessary, based on a uniform schedule of bond
amounts prescribed by the registrar and determined by the estimated volume of
transactions handled by the deputy. The bond required of deputy registrars may,
at the discretion of the registrar, be individual or schedule bonds or may be
included in any blanket bond coverage carried by the department. The bond shall
name "The State of Ohio, Department of Public Safety, Bureau of Motor Vehicles"
as the bondholder and shall stipulate that the registrar be notified in the
event of nonpayment of the premium or cancellation before the expiration of the
bond. Notification shall be within the time frame
and in the manner determined by the registrar. The bond shall be sufficient to
protect the funds and assets of the state of Ohio from losses due to fraud,
theft, embezzlement and other improprieties.

(C)
The registrar, with the approval of the
director, may prescribe a liquidated damages clause to be included in the
deputy registrar contract to compensate the department of public safety and the
bureau of motor vehicles for damages incurred as a result of failure of
performance by the deputy registrar. Any liquidated damages clause prescribed
by the registrar shall set forth the conditions which may constitute default,
shall require that written notice of default be made to the deputy registrar,
and shall give the deputy registrar reasonable time, not less than seventy-two
hours, to cure the default. If the default is not cured within the time
prescribed by the registrar, the registrar may require the liquidated damages
to be paid or may, in the registrar's discretion, grant an extension of time to
cure the default. The registrar, with the approval of the director, shall
specify in the contract the amount of the liquidated damages, which shall not
exceed fifty dollars per terminal per day. The amount specified shall be
liquidated damages, and not a penalty, for failure of performance by the deputy
registrar. The liquidated damages clause shall be in addition to any other
clauses contained in the deputy registrar contract and neither the use nor the
waiver of the liquidated damages clause shall constitute a waiver of any other
term of the contract by the registrar.

(D)
The registrar may designate the location
of each deputy registrar agency either at a specific site or within specific
boundaries.

(E)
The registrar shall prescribe the size of
each deputy registrar office based on the estimated number of transactions and
the number of terminals for that agency and such other factors as determined by
the registrar.

(F)
The registrar
shall lease the equipment necessary to conduct the vision screenings required
under section 4507.12 of the Revised Code to
the deputy registrar at the cost of ten cents per vision screening conducted by
the deputy registrar. The deputy registrar shall transmit these amounts to the
registrar by depositing them in the depository account not more than one
business day after their collection.

(G)
The registrar shall prescribe training
requirements for deputy registrars and deputy registrar employees, and the
deputy registrars and deputy registrar employees shall participate in training
programs as prescribed by the registrar.

(H)
Each deputy registrar shall be permitted
and encouraged to inform the public of the location of the agency and the hours
of operation. A deputy registrar may, with the prior written approval of the
registrar, advertise in regard to the operation of the deputy registrar agency.
No advertisement shall contain any material which in the opinion of the
registrar reflects negatively upon the state of Ohio, the department of public
safety, the bureau of motor vehicles, any deputy registrar, or any deputy
registrar agency. The registrar may prohibit or otherwise regulate any
advertisement which in the registrar's opinion contains any such negative
material, and may take any appropriate remedial action. No person shall
advertise as a deputy registrar unless that person is at the time of the
advertisement acting as a deputy registrar upon appointment of and under
contract with the registrar. Any deputy registrar whose contract expires or is
terminated for any reason shall take reasonable measures to remove any deputy
registrar advertisement or listing of any nature whatsoever for that deputy
registrar agency.

(I)
The registrar
may prescribe requirements for signs to be displayed by the deputy registrar
both outside and within the deputy registrar agency and the deputy registrar
shall conform thereto. The registrar shall modify sign specifications for any
deputy registrar to the extent necessary to conform to applicable zoning laws.
Upon termination or expiration of any deputy registrar contract the deputy
registrar shall immediately remove all signs and indicia identifying the deputy
registrar agency.

(J)
The registrar
shall prescribe the hours that deputy registrar offices be open to the public,
which hours shall conform to at least the minimum requirements set forth in
division (D) of section
4503.03 of the Revised Code.
Each deputy registrar shall submit to the registrar for approval the hours of
operation of that agency. Where there are two or more deputy registrars in a
county and they agree upon weekend and evening hours of operation, their
agreement shall be submitted to the registrar for approval. This rule does not
prohibit the registrar from requiring hours of operation different from ones
selected by the deputy registrar.

(K)
Every deputy registrar in each county,
upon request, shall provide any person with information about the location and
office hours of all deputy registrars in that county and each adjoining county.
This information will be supplied by the bureau of motor vehicles to each
deputy registrar for dissemination.

(L)
No person except the registrar shall
operate or control, directly or indirectly, more than one deputy registrar
agency at any time except when the registrar determines that it is practical
and beneficial to award contracts to a deputy registrar to operate more than
one deputy registrar agency at specific locations designated by the registrar.
No spouse of a deputy registrar shall be appointed as a deputy registrar or
operate a deputy registrar agency. No parent, child, brother, or sister of a
deputy registrar shall be appointed as a deputy registrar or operate a deputy
registrar agency if they are living in the same household as the deputy
registrar. This paragraph does not prohibit any member of a deputy registrar's
family from serving as an employee of any deputy registrar.

(M)
No employee of the state of Ohio shall be
appointed as a deputy registrar. No spouse, parent, child, brother, sister,
father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, or
daughter-in-law of any employee of the department of public safety, the bureau
of motor vehicles, or the state highway patrol shall be appointed as a deputy
registrar or operate a deputy registrar agency. The registrar, with the
approval of the director, may waive this provision for any family member of an
employee if that family member has since January 1, 1992 continuously served as
a deputy registrar or if the family member became so employed after the deputy
registrar was first appointed as deputy registrar. This paragraph does not
prohibit any member of an employee's family from serving as an employee of any
deputy registrar and does not apply to county auditors or clerk of
courts.

(N)
Deputy registrars are
independent contractors and neither they nor their employees are employees of
this state, except that nothing in this rule shall affect the status of county
auditors or clerks of courts as public officials, nor the status of their
employees as employees of any of the counties of this state which are political
subdivisions of this state.

(O)
Each deputy registrar shall comply with all applicable federal, state, and
local laws in the conduct of the deputy registrar agency. Each deputy registrar
shall obtain a vendor's license, shall collect Ohio sales taxes on nonexempt
transactions as required by law, and shall be responsible for the payment of
all unemployment compensation payments, all workers' compensation payments, all
social security contributions and deductions, and any and all other taxes or
payroll deductions for which the deputy registrar is legally responsible. Each
deputy registrar shall comply with all applicable federal, state, and local
laws requiring the withholding of income taxes or other taxes from the
compensation of the deputy registrar's employees.

(P)
Each deputy registrar shall have adequate
staffing and equipment to handle the volume of business including adequate
provisions to handle any peak periods of activity. The registrar may prescribe
reasonable minimum staffing requirements and each deputy registrar shall comply
with those requirements. The registrar may prohibit the employment by any
deputy registrar of any person who within the past ten years has been convicted
of a crime punishable by death or imprisonment in excess of one year or a crime
involving dishonesty or false statement.

(Q)
Each deputy registrar shall appoint a
full-time office manager to be responsible for the management of the agency.
The deputy registrar may designate himself or herself to serve as the office
manager or may appoint another employee to do so. The office manager shall be
regularly scheduled and on duty at the deputy registrar agency at least
thirty-six hours per week during regular business hours except for temporary
periods of vacation, sickness or holidays. The registrar may require that the
deputy registrar, except a county auditor or a clerk of court, shall be
regularly scheduled and on duty at the deputy registrar agency at least twenty
hours per week during regular business hours except for temporary periods of
vacation or sickness. The deputy registrar shall also designate an employee to
supervise the agency during all periods when both the office manager and the
deputy registrar are absent.

(R)
The registrar shall prescribe and each deputy registrar shall conform to
requirements for buildings and facilities, staffing, parking, disability
accessibility, heating, ventilation, air conditioning, lighting, security,
signs, bank accounts, reports, record keeping and retention, voter
registration, organ donation documentation, employee training, and any other
requirements that the registrar deems necessary or proper for the efficient
operation of the deputy registrar agency.

(S)
The registrar may prohibit solicitations
of any kind by the deputy registrars or their employees. The registrar may
require that there be direct access to the deputy registrar facility and may
prohibit the operation of any other business or activity in conjunction with
the operation of the deputy registrar agency. The provisions of this paragraph
do not apply to county auditors or clerks of courts.

(T)
Each deputy registrar shall perform in an
efficient and professional manner all services on behalf of the registrar
including but not limited to the issuance of drivers' licenses, identification
cards, vehicle registration plates or stickers, temporary tags, and vehicle registration
and driver record abstracts; physical inspection of motor vehicles as required
by section 4505.061 of the Revised Code;
administering vision screenings; offering the public the option of listing
organ donor preferences; voter registration and any other services the
registrar is required or chooses to offer to the public.

(U)
The registrar shall, with the approval of
the director, terminate the contract and immediately remove a deputy who
violates any provision of the Revised Code related to the deputy's duties any
rule adopted by the registrar, or any term of the contract with the registrar.
The registrar may also remove a deputy who, in the opinion of the registrar,
has engaged in any conduct that is either unbecoming to one representing this
state or is inconsistent with the efficient operation of the deputy's
office.

(V)
Any deputy registrar
who wishes to unilaterally terminate his or her contract shall give written
notice to the registrar at least ninety days prior to said termination. No
deputy registrar shall cease to conduct the business of deputy registrar until
ninety days have elapsed since the written notice has been received by the
registrar, unless the registrar gives written approval of earlier
termination.

(W)
In the event the
registrar should cancel any deputy registrar contract without a breach of
condition, the registrar shall give written notice of cancellation at least
ninety days prior to the effective date of said cancellation.

(X)
No deputy registrar shall change the
deputy registrar's office telephone number or banking facility without the
prior written consent of the registrar. No deputy registrar shall change or
move the deputy registrar agency to any other site without the prior written
consent of the registrar. The registrar may withhold approval if the registrar
determines that the proposed facility is not as well suited for a deputy
registrar office as the existing facility.

(Y)
Neither the registrar nor any person
shall terminate a deputy registrar contract awarded to a person, or threaten to
do so, because that person fails to pay an assessment or subscription to, or
fails to make contribution to, any political party, the governor or the
governor's campaign committee, or any candidate for public office or the
candidate's campaign committee.

(Z)
The contract between the registrar and the deputy registrar may contain any
provisions the registrar deems necessary or proper to assure that the
provisions of the Revised Code and the Administrative Code are adhered to and
that the deputy registrar provides proper and efficient service to the state of
Ohio, the department of public safety, the bureau of motor vehicles, and the
citizens of Ohio.

(AA)
The deputy
registrar contract may be amended at any time to the extent it is necessary to
conform to any applicable federal or state law or any rule adopted by the
registrar or director in accordance with Chapter 119. of the Revised
Code.

(BB)
Unless otherwise
terminated and except for interim contracts lasting not longer than one year
contracts with deputy registrars shall be entered into through a competitive
selection process and shall be limited in duration as follows:

(1)
For contracts entered into between July
1, 1996 and June 29, 2014, for a period of not less than two years but not more
than three years.

(2)
For contracts
entered into on or after June 29, 2014, for a period of five years, unless the
registrar determines that a shorter contract term is appropriate for a
particular deputy registrar.

(3)
All contracts with deputy registrars shall expire on the last Saturday of June
in the year of their expiration.

(4)
Prior to the expiration of any deputy
registrar contract, the registrar, with the approval of the director, may award
a one-year contract extension to any deputy registrar
who has provided exemplary serve based upon objective performance
evaluations.

(CC)
Each
deputy registrar shall maintain during the entire term of the deputy registrar
contract a policy of business liability, property damage, and theft insurance
satisfactory to the registrar and shall hold the department of public safety,
the director of public safety, the bureau of motor vehicles, and the registrar
harmless upon any and all claims for damages or losses arising out of the
operation of the deputy registrar agency. County auditors and clerks of court
may be self-insured through their county government and are exempt from the
hold harmless provision.

(DD)
Each
individual deputy registrar shall occupy a primary residence in a location that
is within a one-hour commute time from the deputy registrar's agency or
agencies, during the term of the contract. The registrar shall determine the
commute time by using multiple established internet-based mapping services. If
the deputy registrar is a nonprofit corporation, it shall maintain a place of
business within the county in which each of its agencies is located. The
registrar may, after notice, terminate the contract of any deputy registrar who
violates this provision.

(EE)
The registrar may prescribe requirements to assure the
deputy registrar's fiscal responsibility and financial solvency during the term
of the contract. Requirements may include, without limitation, financial
reviews of the deputy registrar agency's books, periodic reviews of credit
reports, and minimum standards for cash on hand or lines of credit to meet the
agency's expenses and obligations on an ongoing basis.

(FF)
The registrar
may prescribe minimum security requirements to protect the bureau of motor
vehicles' and the deputy registrar's facilities, property, and protected
information during the term of the contract.

(GG)
Unless otherwise
prohibited by statute, the registrar may waive any contract provisions in this
rule for clerks of courts or county auditors, or both.

(2)
The clerk of a court of
common pleas in any county having a population of forty thousand or less
according to the most recent federal decennial census;

(3)
The clerk of a court of common pleas in
any county having a population greater than forty thousand but not more than
fifty thousand according to the most recent federal decennial census provided
that the clerk participates in, and is chosen through, the competitive
selection process in the same manner as any other person;

(5)
A nonprofit corporation as defined in
division (C) of section
1702.01 of the Revised Code.

If the population of a county is forty thousand or less
according to the most recent federal decennial census and if the county auditor
or clerk of court is designated by the registrar as a deputy registrar, no
other person need be designated in the county to serve as a deputy registrar.
Notwithstanding the county population restrictions, if no eligible person
applies to act under contract as a deputy registrar in a county and the county
auditor is not designated as a deputy registrar, the registrar may ask the
clerk of court of common pleas to serve as a deputy registrar for that county.
The registrar may increase the number of deputy registrars in any county or
decrease the number of deputy registrars in any county which has more than one
deputy registrar subject to the provisions of division (A) of section
4503.03 of the Revised
Code.

(B)
The
registrar shall not contract with any person to act as a deputy registrar if
the person or, where applicable, the person's spouse or a member of the
person's immediate family has made, within the current calendar year or any one
of the three previous calendar years, one or more contributions totaling in
excess of one hundred dollars to any person or entity included in division
(A)(2) of section 4503.033 of the Revised Code. As
used in this rule, "immediate family" has the same meaning as in division (D)
of section 102.01 of the Revised Code and
"entity" includes any political party and any continuing association as defined
in division (C)(4) of section
3517.01 of the Revised Code or
political action committee as defined in division (C)(8) of that
section that is primarily associated with that political party. For purposes of
this paragraph contributions to any continuing association or any political
action committee that is primarily associated with a political party shall be
aggregated with contributions to that political party. For the purpose of
enforcing this paragraph, the registrar shall require any person proposing to
become a deputy registrar to certify under oath that he or she has not made
prohibited contributions during the current calendar year nor any of the three
immediately preceding calendar years and will not make prohibited contributions
in any calendar year during which the deputy registrar contract is in effect.
For nonprofit corporations, the registrar shall require both the nonprofit
corporation itself, and its executive director or chief executive officer,
whichever will have primary responsibility for the operation of the agency, to
certify under oath that neither of them made any prohibited political
contributions. The registrar, with the approval of the director of public
safety, shall terminate the appointment and the contract of any deputy
registrar who is found to be in violation of this paragraph. The contribution
limitations contained in this paragraph do not apply to any county auditor or
clerk of courts.

(C)
Neither the
registrar nor any person shall award a deputy registrar contract to a person,
or promise to do so, because that person pays an assessment or subscription to,
or makes a contribution to, any political party, the governor or the governor's
campaign committee, or any candidate for public office or the candidate's
campaign committee. Neither the registrar nor any person shall withhold a
deputy registrar contract from a person, or threaten to do so, because that
person fails to pay an assessment or subscription to, or fails to make a
contribution to, any political party, the governor or the governor's campaign
committee, or any candidate for public office or the candidate's campaign
committee.

(D)
The registrar shall
not appoint nor contract with any person serving in an elective public office
either by election or appointment to act as a deputy registrar, other than a
county auditor or a clerk of courts acting in their official capacity except
that the registrar shall continue and may renew a contract with any deputy
registrar who, subsequent to being awarded a deputy registrar contract is
elected to an office of a political subdivision. As used in this paragraph
"elective public office" means any office which is customarily filled by the
vote of registered voters in a primary, general, or special election conducted
pursuant to Chapter 3501. of the Revised Code.

(E)
No spouse of a deputy registrar shall be
appointed as a deputy registrar or operate a deputy registrar agency. No
parent, child, brother, or sister of a deputy registrar shall be appointed as a
deputy registrar or operate a deputy registrar agency if they are living in the
same household as the deputy registrar. The registrar may disqualify any person
from being awarded a deputy registrar contract if the deputy registrar or the
deputy registrar's spouse holds or the deputy registrar's parent, child,
brother, or sister lives in the same household and holds a deputy registrar
contract the term of which extends beyond the effective date of the proposed
contract.

(F)
The registrar may
appoint and contract with qualified individuals and nonprofit corporations and
may designate county auditors and clerks of courts acting in their official
capacities to act as deputy registrars. The registrar shall not appoint or
contract with any person or entity other than a qualified individual, a
nonprofit corporation, or a county auditor or clerk of courts acting in his or
her official capacity to serve as a deputy registrar. Except as provided in
paragraph (G) of this rule, any attempt by an individual, nonprofit
corporation, county auditor, or clerk of courts to assign the deputy registrar
appointment or deputy registrar contract, in whole or in part, shall be
void.

(G)
Except as provided in
paragraph (A)(3) of this rule, the registrar may, with the approval of the
director, designate a county auditor or clerk of courts acting in his or her
official capacity to act as a deputy registrar without using the competitive
award process set forth in this rule. Any appointment of a county auditor or
clerk of courts to serve as a deputy registrar shall be in their official
capacity only and shall terminate immediately upon the person's vacating of the
office. The registrar may designate a successor county auditor or a successor
clerk of courts as a deputy registrar. With the written approval of the
registrar, an outgoing county auditor may assign the deputy registrar contract
to the successor county auditor and an outgoing clerk of courts may assign the
deputy registrar contract to the successor clerk of courts.

(H)
The registrar may, with the approval of
the director, appoint and contract with an eligible individual, nonprofit
corporation, clerk of courts, or county auditor to act as a deputy registrar on
an interim basis upon the death, resignation, or contract termination of any
deputy registrar or upon any other occurrence which, in the opinion of the
registrar, warrants the appointment of an interim deputy registrar. The length
of the interim deputy registrar appointment and contract shall be until the
next regularly scheduled request for proposals is released and contracts are
awarded thereunder, unless the registrar, in the registrar's discretion, first
issues a special request for proposals.

(I)
The registrar, with the approval of the
director, may disqualify a deputy registrar from competing for a new deputy
registrar contract if in the opinion of the registrar that deputy registrar has
not performed the deputy registrar's duties in a satisfactory manner. Any such
disqualification shall be effective for a period of not more than two years as
determined by the registrar. The registrar shall base his or her determination
of the quality of each deputy registrar's performance upon periodic evaluations
and such other factors as the registrar may reasonably prescribe.

(J)
The registrar may make deputy registrar
contracts subject to minority business set-asides to the extent permitted or
required by law.

(K)
Except as
otherwise provided in this rule, the registrar shall, with the approval of the
director, select deputy registrars through the competitive award process set
forth in this rule.

(L)
The
registrar, with the approval of the director, shall prescribe a request for
proposals for the selection of deputy registrars. The registrar, with the
approval of the director, may amend or modify the request for proposals as the
registrar deems appropriate.

(M)
The request for proposals for the selection of deputy registrars may include
the following requirements:

(1)
That any
person appointed to act as a deputy registrar shall perform deputy registrar
services in compliance with all applicable provisions of the Revised Code, the
Administrative Code, and the deputy registrar contract;

(2)
Such provisions relating to locating
deputy registrar agencies with, or in proximity to, driver's license
examination stations or clerk of courts' motor vehicle certificate of title
offices or both as the registrar deems appropriate;

(3)
The locations of the deputy registrar
agencies which may be based on the following considerations:

(a)
The number of estimated driver license
and vehicle registration transactions;

(6)
That the proposer shall submit the
proposer's name, home address, home and office telephone numbers, driver's
license or identification (ID) card number and the address of the proposed
site;

(7)
That the proposer submit
information to establish that the proposer will adhere to all banking and
depository requirements prescribed by the registrar;

(8)
That the proposer submit information to
establish that the proposer will comply with all applicable laws relative to
affirmative action for purpose of contracting services;

(9)
That the proposer certify that no taxes,
unemployment compensation contributions, social security payments or workers'
compensation premiums due the state of Ohio or any other state or any political
subdivision thereof, or the federal government, are outstanding and unpaid as
of the date of the certification; taxes accrued, but not yet payable, may be
excluded from this certification;

(10)
That the proposer submit a detailed
floor plan or other information sufficient to show how the proposed deputy
registrar agency will be configured;

(11)
That all proposal documents be submitted
on eight and one-half inch by eleven inch paper printed on one side only and
conform to the format prescribed by the registrar;

(12)
That the proposer submit a current
credit report covering the proposer's current credit status;

(13)
That the proposer submit the required
documents and fees to permit the bureau of motor vehicles to obtain a
background and criminal record report from the bureau of criminal
investigation;

(14)
That the
proposer submit a local law enforcement report as prescribed by the
registrar;

(15)
That the proposer
have on deposit in a financial institution acceptable to the registrar funds in
the proposer's own name sufficient to pay the initial costs of opening and
operating the proposed deputy registrar agency for a period of at least three
months; and

(N)
Any proposal received by the bureau of
motor vehicles after the time established by the registrar for submission of
proposals shall not be evaluated and shall not be eligible for any
consideration.

(O)
All proposals
timely received by the bureau of motor vehicles will be evaluated. Documents
which do not conform to the requirements of the request for proposals, are
nonresponsive to the request for proposals, contain political endorsements, or
contain any other improper information may be removed from the proposal and
will not be considered in the evaluation or final selection process. The
registrar shall prescribe points to be awarded for the various categories
contained in the request for proposals. The registrar and the director shall
designate persons to perform a preliminary evaluation of each proposal and to
compute scores in each category based upon the standardized point system
prescribed by the registrar. The registrar may cause a review of those scores
and corrections of any errors to be made. When this points evaluation is
completed, the score for each proposal shall be posted and notice of the scores
shall be sent to the proposer.

(P)
The registrar may give proposers an opportunity to review the proposals and the
scores. The registrar may also give the proposers an opportunity to submit a
written response and comments to the scores announced in the preliminary
evaluation. Any written response and comments shall be submitted on the form
and in the format prescribed by the registrar. The purpose of the written
response and comments shall be to bring to the registrar's attention any
alleged errors or discrepancies in the points evaluation process. No proposer
shall attempt to modify any proposal in any way after it has been submitted to
the bureau of motor vehicles, and any attempt to do so shall be void.

(Q)
In making the final selection of deputy
registrars, the registrar may, with the approval of the director, assign any
employee of the department of public safety to assist them in the final
selection process and may:

(1)
Consider the
scores computed by the evaluators to assist them in exercising their discretion
in selecting deputy registrars;

(2)
Correct any errors the registrar finds in the evaluations or
computations;

(3)
Consider any
information submitted in any proposer's written response and
comments;

(4)
Waive any defects in
a proposal which the registrar deems to be minor, inadvertent, or
immaterial;

(5)
Disqualify any
proposal or proposer if the registrar finds that there is good cause to do so;
the registrar shall cause a notation to be made of the grounds for any
disqualification;

(7)
Consider any reasonable factors which
bear upon the proposal and the proposer's ability to act as a deputy
registrar.

(R)
As part
of the selection process in awarding a deputy registrar contract, the registrar
shall consider the customer service performance record of any person previously
awarded a deputy registrar contract.

(S)
The scores computed in the points
evaluation shall not be the sole deciding factor in awarding the deputy
registrar contract. The registrar, with the approval of the director, may
select a proposal which did not receive the highest point score if the
registrar determines that the proposal offers the deputy registrar and site
which would best serve the needs of the state of Ohio, the department of public
safety, the bureau of motor vehicles, and the citizens of Ohio.

(T)
Unless otherwise limited in the request
for proposals, eligible persons may submit one or more proposals for any
location or for more than one location. In the case of multiple proposals by
one eligible person, the registrar, with the approval of the director, shall
have sole discretion in determining which, if any, proposal and location shall
be selected for the award of a contract.

(U)
The registrar, with the approval of the
director, shall make a final determination as to which proposal offers the
deputy registrar and site which would best serve the needs of the state of
Ohio, the department of public safety, the bureau of motor vehicles, and the
citizens of Ohio. Once the decision of the registrar is approved by the
director, the registrar shall announce the selection of the successful proposer
and shall award the contract, provided that the proposer selected complies with
all the requirements of the Revised Code, the Administrative Code, and the
deputy registrar contract.

(V)
No
deputy registrar appointment shall be final and no deputy registrar contract
shall be valid until the proposer makes provisions satisfactory to the
registrar to cure any deficiencies contained in the proposal; to meet any
contingencies reasonably prescribed by the registrar; and to come into full
compliance with all applicable provisions of the Revised Code, the
Administrative Code, and the deputy registrar contract, and the deputy
registrar contract is executed by the proposer and the registrar.

(W)
A nonprofit corporation formed for the
purposes of providing automobile related services to its members or the public
and that provides such services from more than one location in this state may,
with the written approval of the registrar, operate a deputy registrar office
at any such location. The registrar may permit a clerk of courts who is
appointed a deputy registrar to offer deputy registrar services at each title
office operated by the clerk within the county.

(A)
"Location," as used in this rule, means
the area prescribed by the registrar and described in the request for proposals
for deputy registrar appointees in which the proposed deputy registrar site
must be located.

(B)
"Site," as
used in this rule, means the precise address proposed for the deputy registrar
agency.

(C)
"One-stop shopping"
means an arrangement, prescribed or approved by the registrar, in which the
deputy registrar site is located in the same facility as, or within a
prescribed distance of, a driver's license examination station or a clerk of the court of
common pleas title office or both.

(D)
"Department of public safety," as used in
this rule, means the department of public safety or any division thereof.

(E)
"Clerk of a court of common pleas," as used in this rule, means the office of
the clerk itself and the county government in which the clerk serves.

(F)
The registrar may designate a location
for one-stop shopping in conjunction with the requirements contained in
paragraphs (G), (H), (I), and (J) of this rule.

(G)
The registrar of motor vehicles may
restrict the location of any particular deputy registrar agency to a single
site. The department of public safety may lease or otherwise acquire space for
sublease to a deputy registrar or a clerk of a court of common pleas or
both.

(H)
The registrar may
designate a site at which the deputy registrar is required to sublease space
from the department of public safety or a clerk of a court of common pleas, if
the clerk consents. In such case the deputy registrar site shall be available
for sublease to any qualified proposer on an equal basis.

(I)
The registrar may designate a location
within which the deputy registrar is required to provide and sublease space to
the department of public safety or a clerk of a court of common pleas or
both.

(J)
In all subleases between
the department of public safety and a deputy registrar, the sublessee shall pay
to the sublessor a rental fee equal to the percentage of space occupied by the
sublessee multiplied by the rental fee or mortgage cost paid by the sublessor
for the entire premises. In calculating the rental fees the sublessee shall
also pay a pro rata share of the rental for common space. In addition to the
rental fee, the sublessee shall pay a pro rata share of all utility costs
unless the utilities are separately metered, in which case each sublessee shall
pay its own utility costs. If approved by the
department of public safety, the sublessee may make all necessary payments
directly to the lessor.

(K)
The registrar may, in the request for proposals, designate a location for
one-stop shopping to encourage that the deputy registrar site be located close
to either a driver's license examination station or
a clerk
of the court of common pleas title office or both. The registrar may give
consideration to sites situated in the same building, in an adjacent building,
within the same block or business district or shopping center or within a
certain distance, or any combination of the foregoing.

(L)
Any deputy registrar whose contract
expires or is terminated for any reason shall take reasonable measures to make
the telephone number assigned to the deputy registrar available to the bureau
of motor vehicles or any deputy registrar designated by it.

(A)
The registrar of motor vehicles, with the
approval of the director of public safety, shall establish a program to appoint
limited authority deputy registrars. The registrar shall appoint only clerks of
the courts of common pleas in counties having a population of more than forty
thousand and electronic motor vehicle dealers.

(2)
Participates in the title
defect rescission fund created by section
1345.52 of the Revised
Code.

(3)
Has the capability, via
electronic means, to send motor vehicle title and registration information, as
specified by the registrar, to the registrar and clerks of courts of common
pleas.

(B)
Any eligible
clerk of courts or electronic motor vehicle dealer may
submit a proposal to the registrar for appointment as
a limited authority deputy registrar or "LADR". From the
proposals submitted, the registrar, with the approval
of the director, shall choose the clerks and dealers to be appointed
as LADRs. The selections need not be on a
competitive basis, but may be based upon the registrar's discretion. In
deciding whether to appoint a LADR the registrar shall
consider whether the appointment would make it economically infeasible for an
existing deputy registrar's office to continue to operate. The registrar may
also consider any other information the registrar deems relevant. Within thirty
days of submission of a proposal for appointment as a
LADR, the registrar shall provide written notification
informing the applicant whether the proposal
is accepted or denied. If the proposal
is denied, the written notification from the registrar shall state the reason
or reasons for the denial.

(C)
A
limited authority deputy registrar or "LADR" may provide only the following
services and only when the services are rendered in conjunction with an
application for a certificate of title transaction pursuant to Chapter 4505. of
the Revised Code:

(3)
Essential services and functions associated with motor vehicle registration
transactions including collecting certain charitable donations as required by
statute, registering persons to vote, to the
extent required by the registrar.

(4)
Issuing temporary tags or window placards
in compliance with the requirements set forth in the Ohio Revised Code or
prescribed by the registrar.

(D)
A limited authority deputy registrar or
"LADR" shall sign a contract before assuming any duties as a
LADR. The contract terms and conditions may differ
depending upon whether the limited authority deputy registrar is a clerk of
courts or an electronic motor vehicle dealer. Among other provisions the
registrar may reasonably prescribe, limited authority deputy registrar contract
terms and provisions shall provide for:

(1)
A
requirement for a contract period of no more than five years with
a requirement for each contract to terminate on a date specified by the
registrar.

(2)
A requirement for a
LADR to collect and retain the statutory fee set forth in each applicable section of
the Revised Code for each transaction or physical inspection that
the LADR conducts.

(3)
A requirement for compliance with laws,
administrative rules, and regulations adopted by the registrar governing
LADRs.

(4)
A requirement for training of a LADR or the employees of
a LADR prescribed by the registrar prior to the opening
of a LADR office.

(5)
A requirement for security as prescribed
by the registrar as necessary to secure all BMV funds, equipment, and
inventory.

(6)
A requirement for
LADR release of liability holding the registrar,
director of public safety, the bureau of motor vehicles, the department of
public safety and the state of Ohio harmless upon any claims for injuries or
damages resulting from the operation of LADR. The registrar
may waive this requirement for any county auditor or clerk of courts serving as
a LADR.

(7)
A requirement for
bonding as prescribed by the registrar for the entire period of
the LADR contract.

(8)
A requirement that if any computers,
equipment, and inventory are assigned by the BMV, such computers, equipment and
inventory must be returned to the BMV upon the termination of the contract or
at the registrar's request. A requirement for other office equipment and
supplies for employees and customers that are necessary for the operation of a
LADR office to be provided by
the LADR.

(9)
A requirement for the LADR to comply with
any requirements established by the registrar regarding collection and handling
of funds collected by the LADR on behalf of the
state.

(10)
A requirement for a
LADR to adopt and enforce policies to prohibit sexual
harassment and to provide equal opportunity for employees and in providing
service to the public.

(11)
A
requirement for records to be made available to BMV representatives for
inspection and a requirement for record retention for periods prescribed by the
registrar.

(12)
A requirement for a
method of contract termination by a LADR or by the
registrar.

(A)
With the
approval of the director of public safety, the registrar of motor vehicles
shall establish a procedure for authorizing deputy registrars who meet the
requirements set forth in paragraph (B) of this rule to collect reinstatement
fees in accordance with section
4503.03 of the Revised Code. The
registrar shall ensure that at least one deputy registrar in each county has
the capability to collect reinstatement fees. No deputy registrar shall be
under any obligation to request authority to collect reinstatement fees under
this rule.

(B)
The registrar shall only grant authority to collect
reinstatement fees to deputy registrars who request such authority in writing,
are deemed to be in good standing by the registrar, and have sufficient
internet access for the collection of the fees. The registrar has the
discretion to deny a deputy registrar's request for authority to collect
reinstatement fees. The registrar may revoke a deputy registrar's authority to
collect reinstatement fees for good cause and without prior notice. The
registrar shall issue written notice to any deputy registrar whose request for
authority is denied, or whose authority has been revoked, within one day of the
denial or revocation decision. A deputy registrar whose request has been
denied, or whose authority has been revoked, can appeal the decision in writing
to the registrar within ten business days of receipt of the notice. Any deputy
registrar whose request for authority to collect reinstatement fees was denied,
or whose authority to collect such fees was revoked, may reapply in writing to
the registrar after a period of one year has lapsed.

(C)
Authorized
deputy registrars shall collect a ten dollar service fee for each completed
transaction, regardless of the number of reinstatement fees paid during the
transaction. Deputy registrars must transmit the reinstatement fees and two
dollars of the service fee to the bureau of motor vehicles for deposit no more
than one business day after the collection of such fees.

(D)
As used in
paragraph (B) of this rule, "good standing" means that a deputy registrar is
not on probation as a result of financial audit discrepancies or a violation of
the deputy registrar contract, state statutes or rules, federal law, or
applicable policies and procedures. As used in paragraph (B) of this rule,
"good cause" for revoking a deputy registrar's authority to collect
reinstatement fees shall include, but not be limited to, financial audit
discrepancies or a violation of the deputy registrar contract, state statutes
or rules, federal law, or applicable policies and procedures.